ENCLOSURE No. 5

Pensions Act

In the nineteenth year of the reign of Her Majesty

Queen Victoria.

ANALYSIS

Title

Preamble

1. Governor may remove from office A. Sinclair, W. Swainson, and A. Shepherd. 2. Annuities to be paid on their ceasing to hold office.

3. To be paid quarterly.

4. Out of general revenue.

Schedule.

A bill to provide for the retirement of certain officers of the Executive Government.

WHEREAS the offices of Colonial Secretary, Attorney General, and Colonial Treasurer of New Zealand will hereafter be held by officers who will be liable from time to time as occasion shall require to retire or be released from office on political grounds: And whereas Andrew Sinclair, Esq., the Colonial Secretary, William Swainson, Esq., the Attorney General and Alexander Shepherd, Esq., the Colonial Treasurer, the present holders of the said offices, were respectively appointed thereto on the equitable understanding that their tenure of the same would be permanent, and it is therefore just that a suitable provision should be made for them on their retiring or being released therefrom: Be it therefore enacted by the General Assembly of New Zealand as follows:

1. Whenever it shall appear to the Governor that it would be expedient on political grounds that the said Andrew Sinclair, William Swainson, and Alexander Shepherd, or any of them, should cease to hold office as aforesaid, it shall be lawful for the Governor to remove them or him therefrom.

2. To every of them the said Andrew Sinclair, William Swainson, and Alexander Shepherd, on ceasing to hold office, either by such removal or by resignation of office at the request of the Governor, there shall be paid an annuity or pension for the term of his natural life after the rate set opposite to his name in the schedule hereunto annexed.

3. The said annuities or pensions shall commence on the several days on which the said Andrew Sinclair, William Swainson, and Alexander Shepherd shall respectively cease to hold office as aforesaid; and shall be paid quarterly, (that is to say), on the first day of January, the first day of April, the first day of July, and the first day of October in every year.

4. The said annuities or pensions shall issue and be paid out of the general revenue of the Colony of New Zealand, and the acquittances and receipts of the said Andrew Sinclair, William Swainson, and Alexander Shepherd respectively, or of such person or persons as they shall respectively authorize and appoint to receive the same or any part or parts thereof, shall be good and sufficient discharges for the amounts therein respectively expressed to be paid.

Schedule

Andrew Sinclair, Colonial Secretary

William Swainson, Attorney General

Alexander Shepherd, Colonial Treasurer - £

FURTHER REPORT ON THE

ESTABLISH

MENT OF RESPONSIBLE GOVERNMENT1

May 8, 1856

IN continuance of my despatch, No. 43, of the 30th ultimo, I have the honor to inform you, that on the 1st instant the House of Representatives again discussed the "Pension Bill." After a long debate, in which various indefinite changes were proposed, Mr. Sewell informed me that the House was of opinion the pensions awarded should be one half of the respective salaries of the retiring officers. I then gave him the enclosed memorandum of my opinion on the subject, which he read to the House on the 2d instant; after which the accompanying "Pension Bill" was passed almost unanimously, and in a manner very gratifying to me as Her Majesty's representative.

2. The Bill having been affirmed in the Legislative Council, I assented to it on the 7th instant, and it has now become law.

3. Consequent on the above, I have the honor to report that the Colonial Secretary, Dr. Sinclair, and the Colonial Treasurer, Mr. Shepherd, have resigned their offices; and that on the same day (the 7th instant) Henry Sewell, Esq., took the "oath of office" as Colonial Secretary, and Francis Dillon Bell, Esq., that of Colonial Treasurer.

4. Mr. Swainson, who has hitherto held the office of Attorney General, being absent on leave in England, I have, with the advice of my Executive Council, cancelled his appointment, and issued a commission to Frederick Whitaker, Esq., who, as a responsible adviser, took the “oath

1 Commons Papers, 1860, vol. 46, No. 2719, p. 210.

of office as Attorney General at the same time as the two gentlemen mentioned above.

5. The difficulties which have elsewhere beset the introduction of responsible government have thus been happily removed; and I beg to submit the above arrangements for Her Majesty's favorable consideration and approval.

ENCLOSURE

Memorandum

I HAVE read Mr. Sewell's speech carefully (as reported in the "Southern Cross "); it accurately represents my views on the subject of the pensions.

Since the meeting of the House, I have, for the first time, heard definite accusations which could be recognized against the gentlemen whose retirement is in question.

I have no desire to shield them if they have been guilty of malversation of office, and if the House will furnish me with sufficient proof thereof I will recommend the Secretary of State to remove them summarily and without pension.

Failing any proof of misconduct, I revert to the terms stated in Mr. Sewell's speech.

Having reference to what has been done in other Australian Colonies, as stated by Mr. Sewell, and remembering that those gentlemen are called on to retire, not for their own convenience, but for that of the public, I am of opinion that their retiring pensions should not be less than twothirds of their salaries. The House is of opinion that it should be one-half. The time has therefore arrived for a reference to Her Majesty's Government.

I will give my assent to the Pension Bill if it assigns pensions to be fixed by Her Majesty's Government not exceeding two-thirds of their present salary.

If I have mistaken my instructions the error will thus be rectified. If I have understood them correctly an unconditional acceptance of other terms would be a dereliction of duty on my part.

IN continuance of former despatches on the subject of the establishment of responsible government, I have the honor to acquaint you, that on the 4th instant Mr. Sewell informed me that in consequence of an adverse vote on the preceding day he desired to tender his own resignation and that of his colleagues in office.

2. At his recommendation I then sent for Dr. Campbell, and afterwards for Dr. Featherstone, the former having proposed and carried an amendment adverse to Mr. Sewell's ministry, and the latter as the ostensible leader of another section of the opposition.

3. These gentlemen having declined, or found themselves unable to assume office, Mr. Sewell and his colleagues resumed their seats in the Executive Council.

4. On the 14th instant Mr. Fox proposed a series of resolutions, which were approved by the House of Representatives, and as they are declared to be the base of future legislation, I enclose them as extracted from the "Southern Cross " newspaper. At the conclusion of the debate, Mr. Fox moved a vote of non-confidence, and on

2

1 Commons Papers, 1860, vol. 46, No. 2719, p. 222.

2 The resolutions dealt, as to substance, with local colonial questions solely.